[Ord. No. 224 §§1 — 2(32.01), 10-19-2005]
A. 
It is the intent of this Article to regulate and control the location, erection, number and maintenance of signs and matters relating thereto within the City of New Melle in order to promote public safety, health and general welfare of the community. These regulations are specifically designed to:
1. 
Provide for uniform regulation and orderly development of signs consistent with established policies and ordinances of the City of New Melle.
2. 
Prohibit hazardous and dangerous signs.
3. 
Provide a desirable and attractive living environment through harmonious and uniform signage.
[Ord. No. 224 §§1 — 2(32.02), 10-19-2005]
A. 
The provisions of this Article shall govern the erection, alteration and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devices, with respect to location, size, content, construction, structure and fire safety.
B. 
The following sign standards by zoning district are intended to include every district in the City of New Melle. The districts are as defined by the zoning ordinance and official Zoning Map. Only permanent located signs as described herein and as may be described under temporary signs will be permitted in each particular district, except for public signs and City, State and Federal historic markers.
C. 
If any district is omitted from this Article or if a new district is created after the enactment of this Article, no signs shall be permitted therein until this Article is amended to include the new district.
D. 
Decals, numerals, names, addresses, hours, credit information, etc., attached to doors or windows and all of which occupy a total area of one (1) square feet or less are excluded from this Article.
[Ord. No. 414, 10-9-2018]
A. 
Structural Requirements. All signs shall comply with the pertinent requirements of the City of New Melle Building Code.
B. 
Safety. Any existing sign which is or becomes an immediate danger or hazard to persons or property because of being in an unsafe condition, or which obstructs any fire escape, window, or door, is subject to immediate removal by the City of New Melle without notice and at the expense of the property and/or sign owner.
C. 
Maintenance. Each sign shall be maintained in a safe, presentable and workmanlike condition. All existing signs shall be maintained in good condition, free from rust or corrosion, chipping paint and non-working components. Visual deterioration or structural damage of a sign shall be repaired within forty-five (45) days of occurrence or within ten (10) days of written notice of the City of New Melle.
D. 
Abandoned Signs. Any sign or sign structure which advertises a business no longer conducted or service no longer rendered, or a product no longer sold on the premises or lot shall be classified as an abandoned sign and shall be removed by the owner, agent, or person having beneficial use of the premises or lot upon which the sign is located within thirty (30) days following written notice of the City of New Melle.
E. 
Illumination. Direct or reflected light from primary light sources shall not create a traffic hazard to operators of motor vehicles or public thoroughfares or create glare on residential uses.
F. 
State Right-Of-Way Requirements. All signs erected within the jurisdiction of Sate right-of-way requirements shall meet State, County, and City requirements.
G. 
Architectural Appearance. Brickwork, stonework, or similar accent material utilized to enhance the attractiveness of pole or ground signs is permitted and not calculated toward the overall sign area calculations. The above accent material shall be accomplished within reason, not to violate the spirit and intent of this Section.
H. 
Sign Area Calculation.
1. 
Freestanding signs (pole, ground-mounted, projecting).
a. 
Sign area for all freestanding signs consists of the entire surface area of the sign on which items of information could be placed and viewed simultaneously. The supporting structure architectural design features or bracing of a sign shall not be counted as part of the sign face area unless such structure or bracing is made a part of the sign's message. Where a sign has two (2) display faces back to back, the area of only one (1) face shall be considered the sign face area.
b. 
Where a sign has more than one (1) display face not back to back, the maximum area, which can be viewed simultaneously from any point, shall be considered the sign face area.
2. 
Attached Signs. Sign area for all attached signs shall be the area of the smallest square or rectangle that can encompass all items of information.
I. 
Sign Placement Within Or On An Existing Frame. All signs designed for a preexisting structure or frame shall be designed to fit the frame or structure as though it were the original sign. Any portion of any sign or unused remaining frame or structure shall be subject to removal under the conditions for abandoned signs.
[Ord. No. 224 §§1 — 2(32.03), 10-19-2005]
The following definitions shall apply in interpretation and enforcement of this Article, unless otherwise specifically stated:
ABANDONED BILLBOARD
A billboard which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or product.
ABANDONED SIGN
A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.
ANIMATED SIGNS
Any sign which includes action or motion. For purposes of this Article, this term does not refer to flashing or changing, all of which are separately defined.
APPROVED COMBUSTIBLE PLASTIC
A plastic material more than one-twentieth (1/20) inch thick which burns at a rate of not more than two and one-half (2.5) inches per minute when subjected to ASTM Standard Test for Flammability of Plastics in sheets of six one-hundredths (6/100) inch thickness as determined by the City Engineer.
AWNING
Any structure entirely supported by the wall to which it is attached and which has a frame covered by canvas, cloth or other similar temporary material and/or which can be retracted or rolled to the structure by which it is supported.
BACKGROUND AREA
The entire area of a sign on which copy could be placed, but does not include permanent building surface.
BILLBOARDS
All signs maintained by advertising agencies which advertise products of their customers or clients and all business signs individually or privately owned which primarily are not on the premises of the owner.
BUILDING FACE OR WALL
All window and wall area of a building in one (1) plane or elevation.
CANOPY
Any structure attached to a building at the inner end and supported on the other end or a freestanding structure, with one (1) or more supports, meant to provide shelter from weather elements onto which signs may be affixed or incorporated.
CHANGEABLE COPY SIGN (MANUAL)
A sign on which copy is changed manually in the field, i.e., reader boards with changeable letters or changeable pictorial panels.
CHANGING SIGN (AUTOMATIC)
A sign such as an electronically or electrically controlled public service time, temperature and date sign, message center or reader board, where different copy changes are shown on the same lamp bank.
CHURCH BULLETIN BOARD
A sign attached to the exterior of a church or located elsewhere on church premises and used to indicate the services and/or other activities of the church and including the church name, if desired.
CITY
City of New Melle.
CITY ENGINEER
The officially designated representative of the City of New Melle responsible for the enforcement of the sign ordinance and other ordinances.
COPY
The wording or graphics on a sign surface.
DETACHED SIGN
See "GROUND SIGN".
DISTRICT
As defined under the zoning ordinance and Zoning District Map.
ERECT
To build, construct, reconstruct, attach, hang, rehang, alter, place, affix, enlarge, move or relocate and includes the painting and repainting of existing sign structures.
FACADE
The front or main part of a building facing a street; for purposes of this Article the facade is defined as measured from the ground elevation to the head beam.
FACE OF A SIGN
The entire area of sign on which copy could be placed. The area of a sign which is visible from one (1) direction as projected on a place.
FLASHING SIGN
Any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are not classed as "flashing signs".
FRONTAGE
The length of the lot along the street side. The front of a lot bordering more than one (1) street is considered separate for each street.
GRADE
The average level of the finished surface of the ground adjacent to a sign or the exterior wall of a building to which a sign is affixed.
GROUND LEVEL
Immediate surrounding grade.
GROUND SIGN
A freestanding sign resting upon the ground or attached to it by means of two (2) or more poles or standards.
HEIGHT OF SIGN
The vertical distance measured from the surrounding grade to the highest point of sign.
IDENTIFICATION SIGN
A sign containing only the names and addresses of the occupant of business establishment.
ILLEGAL SIGNS
A sign which contravenes this Article or a non-conforming sign for which a permit required under a previous ordinance was not obtained.
INTERIOR PROPERTY LINE
Property lines other than those forming a dedicated public right-of-way.
INSTITUTIONAL SIGN
A sign identifying the institutional or governmental facility.
INTERIOR PROPERTY LINE
Property lines other than those forming a dedicated public right-of-way.
LOGO
A letter, character or symbol used to represent a person, corporation or business enterprise.
LOT
A parcel, tract, plot or area of land accessible by means of a street or other permanently reserved principal means of access. It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder of Deeds or it may include parts of or a combination of such parcels when adjacent to one another and used as one (1) as determined by the City Engineer.
MEMORIAL SIGN
The permanent part of a building which denotes the name of the building, date of erection, historical significance or similar information.
NON-CONFORMING SIGN (LEGAL)
Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this Article and any amendments thereto and which fails to conform to all applicable regulations and restrictions of this Article or a non-conforming sign for which a variance has been issued.
NON-ELECTRICAL SIGN
Any sign that does not contain electrical wiring or is not attached or intended to be attached to an electrical energy source.
OUTDOOR ADVERTISING
An outdoor sign, display, device, figure, painting, drawing, message, plaque, poster, billboard or other thing designed, intended or used to advertise or inform any part of the advertising or information contents of which is visible from any point of the traveled ways of the interstate or primary highway system.
OWNER
A person recorded as such on official records and including duly authorized agent or notary, a purchaser, lessee, devisee, judiciary; any person having a vested or contingent interest in the property or business in question.
PARAPET or PARAPET WALL
That portion of a building wall that rises above the roof level.
PERSON
Any natural person, firm, partnership, association, corporation, company or organization of any kind.
PREMISES
An area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
PROJECTING SIGN
Any letter, word, sign device or representation used in nature of an advertisement or announcement projecting perpendicularly from the building.
RESIDENTIAL CONSTRUCTION PROJECT SIGN
Directional sign to subdivisions under construction in the City of New Melle and project site promotional sign in the City of New Melle.
RIGHT-OF-WAY
That part of any street, road, alley or avenue dedicated for public use as a walkway or thoroughfare for pedestrians or motor vehicles, whether or not the public improvements thereon extend to the full dedicated limits of such right-of-way.
ROOF LINE
The highest point of the coping on a flat roof, false mansard or parapet wall; the deck line of a true mansard roof; the ridge line between the upper and lower slopes of a gambrel roof; or the mean height level between the eaves and ridge for a gable or hip roof. (See Figure 1.)
ROOF SIGN
A sign mounted on the roof of a building.
ROTATING SIGN
A sign or portion of a sign which moves in a revolving or similar manner.
SEASONAL OR SPECIAL OCCASION TEMPORARY SIGN
A sign which is not permanent and is limited to a specific activity or in the celebration of holidays or other special events.
SETBACK
The minimum horizontal distance between the right-of-way line and the sign structure as specified in a particular Article of this Chapter.
SHOW WINDOW SIGN
Any temporary sign advertising sales or specials attached to or within three (3) feet of glass surface of any fixed window (glazing) visible from a public right-of-way.
SIGHT TRIANGLE
As shown on Figure 2.
SIGN
Any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including, but not limited to, any permanently installed or situated merchandise; or any emblem, painting, banner, pennant or placard designed to advertise, identify or convey information. For the purpose of removal, signs shall also include all sign structures. For the purposes of this Article, this definition shall include those signs painted directly upon a building or other structure.
SIGN AREA
The Area of the sign face. The sign area of a multifaced sign is the sum of the sign areas of each face that can be seen simultaneously from a single location on an adjacent street. If a sign is attached to a building or structure, or suspended or placed in any manner whereby there is no apparent trim or confining border, the sign area shall be computed by drawing an imaginary straight line around a generally rectangular margin and measuring the area so encompassed upon a building or other structure.
[Ord. No. 413, 10-9-2018]
SIGN, ATTACHED
A wall sign attached to a building wall or the general vertical plane of a mansard-type roof.
SIGN, COMMERCIAL DIRECTORY
A permanent pole sign designating the name of a commercial center and listing the various tenants of the center.
SIGN, CONSTRUCTION
A temporary sign used during construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor and/or financing institutions of the project.
SIGN, DIRECTIONAL
A sign which indicates a direction for vehicular or pedestrian traffic or other movement. The sign may contain the street address and/or name of the business center or the name of the use of the building, trademark, logo or similar matter, provided that not more than fifty percent (50%) of the sign area is used for this purpose.
SIGN, FLUTTERING
A sign which flutters and includes banners, flags, pennants or other flexible material which moves with the wind or by some artificial means.
SIGN, GROUND
Any detached sign on the same lot or parcel as the use it advertises which has its bottom portion erected upon or supported by the ground, a ground planter box or other supports.
SIGN, HANGING
Any sign hanging entirely beneath a canopy, portico or marquee.
SIGN, ILLUMINATED
Any sign which is illuminated by light sources mounted on or in the sign or at some other location.
SIGN, INSTITUTIONAL OR GOVERNMENT
A sign identifying the institutional or government facility.
SIGN, MARQUEE, CANOPY AND AWNING
Any sign attached to or illustrated on a marquee, canopy or awning, respectively.
SIGN, MEMORIAL OR TABLETS
The permanent part of a building which denotes the name of the building, date of erection, historical significance, dedication or other similar information.
SIGN, MENU BOARD
Menu for fast-food service restaurants.
SIGN, MOVING
A sign, all or any part of, which moves by any means. Such sign includes a fluttering sign, including fluttering or flashing lights or sequential lights, simulating movement.
SIGNS, OCCUPATIONAL AND/OR IDENTIFICATION
An attached wall sign not larger than two (2) square feet in area identifying the name of a person occupying a building.
SIGN, POLE
Any detached sign located on the same lot or parcel as the use it advertises which is supported by one (1) or more stationary poles longer than ten (10) feet above the mean grade line of the ground at its base, provided that this shall not include a permitted ground sign as set forth herein.
SIGN, POLITICAL
A temporary sign advocating or opposing any political proposition or candidate for public office.
SIGN, PROJECT IDENTIFICATION
A permanent ground sign identifying an apartment complex, condominium project or mobile home development entry, name and or street names within the project.
SIGN, PROJECTING
Any sign affixed to a building or wall in such a manner that its edge extends more than nine (9) inches beyond the surface of such building or wall.
SIGN, REAL ESTATE
A sign pertaining only to the prospective rental, lease or sale of the property on which it is located. Real estate signs shall be excluded from the definition of pole signs.
SIGN, RESIDENTIAL CONSTRUCTION PROJECT
Any temporary sign that provides direction to any residential development under construction in the City of New Melle or promotes the residential development on the project site in the City of New Melle.
SIGN, ROOF
Any sign erected on a roof but excluding marquee, canopy, wall and signs located on a mansard.
SIGN STRUCTURE
The sign and all parts associated with its construction.
SIGN, SUBDIVISION IDENTIFICATION
A ground sign identifying a subdivision entry, subdivision name and/or street names within the subdivision.
SIGN SUPPORTS
All structures by which a sign is held up, including, for example, poles, braces, guys and anchors.
SIGN, TEMPORARY
Any sign intended for a limited or intermittent period of display.
SIGN, WALL
A sign erected or attached against the wall of any building with the plane of the face parallel to the plane of the wall below the roof line.
SIGN, WINDOW, PERMANENT
A sign that is permanently affixed to either side of the glass of an exterior door or window. For the purpose of this Article, a glass brick wall shall be deemed a window.
SIGN, WINDOW, TEMPORARY
A temporary sign affixed to the inside of an exterior window or glass door.
SPECIAL DISPLAYS
Signs not exceeding thirty-two (32) square feet used for holidays, public demonstrations or promotion of civil welfare or charitable purposes.
STANDARD OUTDOOR ADVERTISING STRUCTURE AND/OR BILLBOARDS
All signs which primarily advertise products or businesses which are not located on the same premises as the sign. This includes billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights or braces on the ground. Real estate signs and political signs are excluded from this definition.
STREET
A public thoroughfare which affords the principal means of access to abutting property.
STRUCTURAL TRIM
The molding, batten, caps, nailing strips, latticing and platforms which are attached to the sign structure.
TEMPORARY SIGN
A sign which is not permanent and is allowed for a specific time period.
TRAFFIC DIRECTIONAL SIGN
Any sign which aids the flow of traffic.
USE
The purpose for which a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained.
ZONING ORDINANCE
The zoning ordinance and amendments thereof for the City of New Melle and the current Zoning District Map related thereto.
[Ord. No. 224 §§1 — 2(32.04), 10-19-2005]
A. 
Allowable Signs. All signs shall be located five (5) feet from the right-of-way and out of the sight triangle as shown on Figure 2.
1. 
Subdivision identification signs.
a. 
Two (2) subdivision identification signs not exceeding thirty-two (32) square feet in size per face shall be allowed per development.
b. 
Where the development has access on two (2) or more streets or has more than one (1) entrance on one (1) street, identification shall be allowed at each entrance.
c. 
No sign shall be more than six (6) feet in height from the surrounding grade to the highest point on the sign.
2. 
Project identification sign.
a. 
One (1) sign not exceeding thirty-two (32) square feet in size per face shall be allowed per project.
b. 
Where the project fronts on two (2) or more streets, one (1) sign shall be permitted per frontage provided that the project has a major traffic entrance on the street where the sign is to be erected.
c. 
No sign shall be more than six (6) feet in height from the surrounding grade to the highest point on the sign.
3. 
Church, public or semi-public buildings or public park identification sign.
a. 
One (1) sign per street frontage not exceeding thirty-two (32) square feet in size per face.
b. 
No sign shall be more than six (6) feet in height from the surrounding grade to the highest point on the sign.
4. 
Construction sign.
a. 
Not more than one (1) sign per street frontage per lot not exceeding thirty-two (32) square feet in size per face.
b. 
Signs identifying mechanics, painters, architects, engineers and similar artisans and workmen which are attached to or on trailers on the site of construction shall be permitted, provided that upon completion of the project the trailer must be removed within one (1) week. These trailers shall not be located closer than fifteen (15) feet of street right-of-way and not located within the sight triangle.
c. 
All such signs shall be removed within either two (2) years from the date of issuance of the sign permit or when the project has received an approved final inspection.
5. 
Residential project construction signs.
a. 
Promotional sign. One (1) sign per major entrance to the subdivision or project site not exceeding one hundred twenty (120) square feet per face.
b. 
Directional signs.
(1) 
Any number of signs not exceeding sixteen (16) square feet per face
(2) 
No sign shall exceed three and one-half (3.5) feet above the elevation of the adjacent driveway at the point which it meets the street right-of-way.
(3) 
Each development may also be allowed no more than two (2) directional signs not exceeding ninety-six (96) square feet per face along all State highways and interstate service roads within the City.
(4) 
All directional signs may include directions to the development and pertinent information concerning the developer but shall not include promotional information. The sign may contain the street address and/or name of the business center or the name of the use of the building, trademark, logo or similar matter, provided that not more than fifty percent (50%) of the sign area is used for this purpose.
c. 
On-site sign. Such sign shall be removed at such time when ninety percent (90%) of permits have been issued of the lots and/or dwelling units.
d. 
Off-site signs.
(1) 
Such signs shall be removed either within two (2) years from the date of issuance of the sign permit or when permits have been issued for ninety percent (90%) of the lots and/or dwelling units.
(2) 
Such signs shall not be erected in such a manner as to block the view of any pre-existing sign from the normal traffic level.
6. 
Political signs.
a. 
Not greater than sixteen (16) square feet in sign area per sign face unless posted on billboards.
b. 
Posted only on private property with permission of the property owner or lessee.
c. 
Shall be in place for a period of not longer than thirty (30) days prior to the election and shall be removed within fifteen (15) days after the election is held to which they pertain. The fifteen (15) day removal period shall not apply to those candidates who successfully ran for nomination at the primary election in August, until after the general election in November.
d. 
Shall be located at least fifteen (15) feet from the edge of the street, out of the right-of-way and shall meet sight triangle requirements.
e. 
Political signs cited as violating any of the provisions of this Article shall be removed by the sign owner and/or property owner of that sign within five (5) days after notice of the violation. The failure to remove such sign within that five (5) day period will result in the cost of removal being billed to the sign owner and/or property owner.
f. 
Shall not exceed six (6) feet in height above grade at its base.
g. 
It shall be the responsibility of all candidates and their committee to assure that political signs are maintained in good repair and failure to so maintain shall be grounds to issue a notice of violation.
7. 
Directional signs.
a. 
Two (2) signs per entry/exit not exceeding six (6) square feet in size per face.
b. 
No sign shall exceed three and one-half (3.5) feet above the elevation of the adjacent driveway at the point which it meets the street right-of-way.
8. 
Memorial or tablet sign.
a. 
One (1) sign not exceeding six (6) square feet in size per face unless such signs are installed by the Federal, State, County or City Government or agencies thereof.
b. 
No sign shall exceed six (6) feet in height from the surrounding grade to the highest point on the sign.
9. 
Property real estate signs. One (1) sign per lot frontage not exceeding six (6) square feet per face and shall be removed within ten (10) days following the date of closing or lease initiation.
10. 
Special displays and other temporary signs.
a. 
The following temporary signs may be approved by the City Engineer for up to a thirty (30) day time period. Such signs may be extended beyond the thirty (30) day time period but only upon review and approval by the Board of Aldermen.
b. 
Only two (2) temporary sign permits, per business, will be issued during a calendar year.
(1) 
Seasonal or other special occasion signs such as special events and special business hours.
(2) 
Yard signs, such as "Siding by ____________________".
(3) 
Subdivision directional signs not exceeding three (3) square feet in size per face.
(4) 
All other temporary signs not specifically referenced in this Article.
(5) 
Portable signs, signs not permanently affixed to the ground.
c. 
The following types of special displays and promotional signs are permitted subject to the following guidelines. In all cases they are to be maintained in good condition and if found otherwise, they are subject to immediate removal by the City Engineer.
(1) 
Banners. Special displays using banners for promotional purposes will be permitted for a thirty (30) day time period, per promotion.
(2) 
Pennants. Will be permitted for promotional purposes.
(3) 
Flags in front of display homes. Will only be permitted until the home is no longer used for display purposes.
(4) 
Seasonal promotional signs. One (1) sign no greater than six (6) square feet. These signs shall be displayed only during the hours of operation of the business. The sign shall be placed inside at the close of each business day.
11. 
No trespassing signs.
a. 
One (1) sign per driveway.
b. 
Sign shall not exceed two (2) square feet in size per side nor a height of four (4) feet from the ground.
12. 
Home occupation. One (1) non-illuminated wall sign not exceeding two (2) square feet mounted on the dwelling.
13. 
Official government flags.
a. 
Shall meet acceptable flag etiquette.
b. 
Shall meet height limitations as set forth in the zoning ordinance.
B. 
Additional Regulations.
1. 
Shall be located at least fifteen (15) feet from the edge of the street, out of the street right-of-way and shall meet sight triangle requirements.
2. 
No sign attached to the wall of a building or other structure shall extend above the roof line of that building or structure.
[Ord. No. 224 §§1 — 2(32.05), 10-19-2005]
A. 
Generally. Shall be located at least fifteen (15) feet from the edge of the street, out of the right-of-way and shall meet sight triangle requirements.
B. 
Allowable Signs.
1. 
All signs permitted and regulated in Section 405.865.
2. 
Attached signs.
a. 
One (1) or more attached signs not exceeding ten percent (10%) of the total square footage of the building face upon which it is placed.
b. 
In the instance of corner lots, an additional attached sign will be permitted on each street frontage of the building not exceeding ten percent (10%) of the total square footage of the respective building face upon which it is placed.
c. 
Shall be face mounted on the building wall, projecting not more than nine (9) inches from the face of the building. Such signs shall not project above the parapet wall, mansard or other roof line and shall be enclosed on both ends where involving a pitched roof location.
d. 
Support structures for wall signs shall be concealed from public view.
3. 
Awnings and canopy signs. In lieu of an attached sign, awnings and canopies advertising the business on the premises only will be permitted. Such signs shall be in accordance with the Building Codes of the City of New Melle.
4. 
Ground-mounted sign.
a. 
One (1) ground-mounted sign per lot not exceeding forty (40) square feet per face.
b. 
Such signs shall not exceed six (6) feet in height from the surrounding grade to the highest point on the sign.
c. 
Shall be located no closer than fifteen (15) feet from the street right-of-way.
d. 
Such signs shall meet the sight triangle requirements of the City's zoning ordinance and shall not be located so as obstruct vision at a vehicular entry or exit from the property.
e. 
In no instance will the conversion of commander boards ground-mounted signs be allowed.
5. 
Occupational/identification sign.
a. 
One (1) attached, non-illuminated sign not exceeding two (2) square feet in size displaying the name, occupation and/or service located upon the premises and the address.
b. 
Such signs shall conform to the locational requirements of attached signs.
6. 
Permanent window signs.
a. 
Shall not cover more than twenty percent (20%) of the total window area or door which they are applied.
b. 
Decals, numerals, names, addresses, hours, credit information, etc., attached doors or windows and all of which occupy a total area of one (1) square feet or less are excluded from this Article.
c. 
Such signs may be attached either on the interior or exterior of a window or glass door and shall be maintained in good repair.
7. 
Menu boards.
a. 
Two (2) signs are allowed per site.
b. 
All menu items, promotions, pictures or other displays related to the menu sign(s) must be contained within the permanent structure of the menu sign(s).
c. 
Shall not exceed thirty-two (32) square feet per sign.
C. 
Additional Regulations.
1. 
Each building or property shall be allowed a maximum of two (2) signs, which may be either an attached sign, a ground-mounted sign or a pole sign, but the total number shall not include more than one (1) sign of each of these types (signs listed in Section 405.865, window signs and occupational/directional signs as regulated by this Article are excluded from this maximum of two (2) signs).
2. 
Buildings with multiple occupancy. For buildings and/or property containing more than one (1) business or tenant, each business or tenant may have an attached sign conforming to the requirements of this Article. For the purposes of determining the total square footage of the attached sign, only the face of each respective lease unit which the respective sign will be attached shall be counted. Each sign must be attached to the lease unit containing the business or tenant identified.
3. 
Each building or property may have one (1) additional attached sign conforming to the requirements of this Article on walls containing a main entrance which faces customer parking areas and are not visible from either a public or private street. For this exception to apply, the signs must be attached to the same wall as their respective entrances and both the signs and the entrances must be upon the same plane of the building.
4. 
All ground and pole signs shall be located in a landscaped area.
[Ord. No. 224 §§1 — 2(32.06), 10-19-2005]
A. 
Shall be located at least fifteen (15) feet from the edge of the street, out of the right-of-way and shall meet sight triangle requirements.
1. 
Allowable signs. All signs permitted and regulated by Section 405.870.
[Ord. No. 224 §§1 — 2(32.07), 10-19-2005]
A. 
Generally. Shall be located at least fifteen (15) feet from the edge of the street, out of the right-of-way and shall meet sight triangle requirements.
B. 
Allowable Signs.
1. 
Brand identification signs.
a. 
One (1) ground-mounted sign, in lieu of a pole-mounted sign, not exceeding thirty-two (32) square feet in size per face. As regulated in Section 405.870.
b. 
One (1) attached sign not exceeding thirty-two (32) square feet. In the instance of corner lots, an additional attached sign will be permitted on each street frontage of building not exceeding thirty-two (32) square feet. As regulated in Section 405.870.
c. 
One (1) attached company logo not exceeding thirty-two (32) square feet per street frontage. As regulated in Section 405.870.
2. 
Price signs.
a. 
Two (2) price signs per pump island not exceeding ten (10) square feet per face per sign.
b. 
One (1) price sign as a component of the permitted pole sign not exceeding twenty-four (24) square feet per face in lieu of the price signs per pump island.
c. 
Shall be located at the ends of pump islands and may be affixed the canopy, canopy supports, poles or end pumps.
3. 
Self-service and/or full-service signs.
a. 
Two (2) self-service or full-service signs per pump island not exceeding ten (10) square feet per face per sign.
b. 
Shall be located at the ends of pump islands and may be affixed to the canopy, canopy supports, poles or end pumps.
4. 
Federal and State stamps, octane ratings, pump use directions, no smoking signs. As required by Federal, State and local authorities.
5. 
Temporary signs. See Section 405.865.
6. 
Additional regulations.
a. 
Canopy use. An attached or detached canopy may be used in lieu of the permitted pole sign for the location of brand identification or company logos.
b. 
Portable signs. The use of portable signs for the advertisement of cigarettes, food or other sundry items is specifically prohibited.
C. 
Standard Outdoor Advertising Structures/Billboards.
1. 
Permitted zones. Such signs shall be permitted in the following zoning districts:
"C-3"
Highway Commercial
"I-1"
Light Industrial
"I-2"
Heavy Industrial
2. 
Area and height.
a. 
The maximum area for any one (1) sign shall not exceed two hundred (200) square feet in size per face, with a maximum width of ten (10) feet and a maximum length of twenty (20) feet inclusive of border and trim, but excluding the base, apron, supports and other structural members.
b. 
The maximum height shall not exceed twenty (20) feet from the highest point on the sign to surrounding grade or street level, whichever is higher.
c. 
The maximum size limitations shall apply to each side of a sign structure and signs may be placed back to back, double faced or in V-type construction with not more than three (3) side-by-side displays to each facing, but such sign structures shall be considered as one (1) sign. However, there shall be no vertical stacking signs.
3. 
Location.
a. 
All such signs must be erected within the first one hundred (100) feet of depth, from the adjoining street frontage, of the property upon which the sign is to be located.
b. 
No such sign shall be erected within two thousand (2,000) lineal feet of an existing sign on the same side of the street. In cases of interstate, same side of street shall include interstate roadway and service road, either State, County or City maintained.
c. 
No part of any sign shall be located any closer than five hundred (500) lineal feet of a residence, regardless of zoning district.
d. 
No sign shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging or intersecting traffic.
e. 
No such sign shall be placed closer than five hundred (500) feet to an intersection on a dual or proposed dual highway, provided however, that such signs may be affixed to or located adjacent to a building at such intersection in such a manner as not to materially cause any greater obstruction of vision than caused by the building itself. No such sign shall be so located to obstruct the vision of traffic using entrance ways, driveways or any public road in this Article.
f. 
The minimum front yard setback for such signs shall be a minimum of thirty (30) feet from the road right-of-way. The measurement will be from the closer point (face of the sign will extend vertically down to the ground) of the sign.
g. 
No sign shall be located on the right-of-way of any road or any slope or drainage easement for such road.
h. 
The minimum side yard setback for billboards shall be twenty-five (25) feet from side property line or right-of-way.
i. 
Accessibility for such structures shall be hard surfaced.
4. 
Plans. An application to erect such a sign shall be accompanied by the following:
a. 
A set of plans, to scale, approved by a licensed engineer, providing all necessary construction and electrical details of the sign and sign structure, including height.
b. 
A site plan must be submitted with an application to the City of New Melle Planning and Zoning Commission to scale, containing:
(1) 
The proposed location of the sign upon the property.
(2) 
The distance from the proposed sign location to any buildings upon the property and adjoining street right-of-way lines and driveway entrances.
(3) 
The distance from the proposed sign location to the next nearest billboard sign on the same side of the street in either direction.
(4) 
The distance from the proposed sign location to the nearest street in this Article in either direction.
(5) 
State of Missouri billboard permit.
c. 
A representation of the proposed sign, to scale, including the width and length of the sign faces.
5. 
Construction specifications. Henceforth, any such sign erected under this Article shall be a single pedestal type constructed of non-corrosive metal. Construction of the sign and material specifications shall comply with Article 903 of the Missouri Standard Specifications for Highway Construction, as applicable, and must meet the structural requirements of the City's Building Code.
[Ord. No. 224 §§1 — 2(32.08), 10-19-2005]
A. 
The following types of permanent signs shall be prohibited in the City of New Melle:
1. 
Permanent signs which do not meet the flammability test or approved combustible plastic.
2. 
Flashing signs; however, not including digital time and temperature signs.
3. 
Fluttering signs, pinwheels, pennants, streamers and banners except official government flags or street banners approved by the City Engineer.
4. 
Moving signs or swinging signs, signs not rigidly fixed.
5. 
Roof signs.
6. 
Signs not permanently affixed to the ground.
7. 
Signs which contain characters, cartoons or statements, words or pictures of an obscene, indecent, prurient or immoral character.
8. 
Signs which contain or are an imitation of an official traffic sign or signal or which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal.
9. 
Signs attached to, suspended from or painted on any vehicle which is regularly parked on any street or private property to display, demonstrate, advertise or attract the attention of the public.
10. 
Signs which project more than nine (9) inches from the face of the building or structure.
11. 
Pole signs of any type.
[Ord. No. 224 §§1 — 2(32.09), 10-19-2005]
A. 
Any sign legally existing prior to enactment of this Article, but which shall violate any provision of this Article, may continue to be maintained and used after passage of this Article subject to the following provisions:
1. 
Enlargement. No non-conforming sign shall be enlarged, expanded or extended to occupy a greater square footage or height than was occupied on the date of adoption or amendment of the ordinance. See Section 405.895(E).
2. 
Relocation. No non-conforming sign shall be moved in whole or in part to any other portion of the lot, parcel or building not so occupied on the date of adoption of this Article, except that any such sign which is hereafter required to be moved by a governmental body for the purpose of construction, relocation, widening or improvement of a street, highway or other public purpose may be relocated once and allowed to be maintained and used as before.
3. 
Discontinuance. If the business or service advertised or identified by a non-conforming sign ceases to be conducted for a period exceeding thirty (30) calendar days, the non-conforming sign shall be classified as abandoned sign and removed. See Section 405.895(J).
4. 
Destruction. Should any non-conforming sign be destroyed by any means to an extent of up to fifty percent (50%) of its surface area or structure, it shall not be reconstructed, except in conformance with the requirements of this Article. See Section 405.900(3) for exemptions.
[Ord. No. 224 §§1 — 2(32.10), 10-19-2005]
A. 
Administration. Except where herein otherwise stated, the provisions of this Article shall be administered by the City Engineer or by deputies of his/her department as the Board may designate to enforce provisions of this Article.
The City Engineer (or his/her authorized representative) is hereby empowered in performance of its functions to enter upon any land in the City for the purpose of making inspections, examinations and surveys or to place and maintain thereon markers, notices or signs required to affect provisions of this Article. The above authorized person shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Article.
B. 
Duties Of The City Engineer Officer. The City Engineer shall have the power to grant sign permits and to make inspections of buildings or premises necessary to carry out his/her duties in the enforcement of this Article.
It shall be improper for the City Engineer to approve plans or issue any permits or certificates for any sign until he/she has inspected such plans in detail and found them to conform with this Article, nor shall the City Engineer vary or change any terms of this Article.
If the City Engineer shall find that any of the provisions of this Article are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and stating the action necessary to correct it. He/she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal signage; discontinuance of any illegal work being done; or shall take any other action authorized by this Article to insure compliance with or to prevent violation of its provisions.
C. 
Permit Required. It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, razing or moving of any sign or sign structure or any portion thereof without first having applied in writing to the City Engineer for a sign permit to do so and a sign permit has been granted therefore. Primary responsibility for securing the necessary permits shall be the property owner's. However, if the property owner should contract part or all of the proposed work, it shall become the responsibility of the person or firm hired to ensure that all required permits and approvals have been secured prior to any work being initiated.
Blank forms shall be provided by the City Engineer for the use of those applying for permits as provided in this Article. Any permits issued by the City Engineer shall be on standard forms for such purpose and furnished by the Board of Aldermen. There shall be a separate permit for each sign constructed, altered or erected.
Any sign permit under which no construction work has been commenced within six (6) months after the date of issuance of said permit or under which proposed construction has not been completed within one (1) year of the time of issuance shall expire by limitation.
D. 
Voiding Of Sign Permit. A permit may be revoked by the City Engineer at any time prior to the completion of the sign for which the same was issued, when it shall appear to him/her that there is departure from the plans, specifications or conditions as required under terms of the permit, that the same was procured by false representation or that any provisions of this Article are being violated. Written notice of such revocation shall be served upon the owner, his/her agent or contractor or upon any such person employed on the building or structure for which such permit was issued via a stop work order which shall be posted in a prominent location and thereafter no such construction shall proceed.
E. 
Existing Signage. Should any existing sign be enlarged, replaced or reconstructed, it shall be considered a new sign. If an existing sign is repainted or the sign panels are replaced for the purpose of changing the business, occupation or tenant advertised or identified, it shall be considered a new sign. However, the repainting of a sign for ordinary maintenance or the repair or restoration of an existing sign to a safe condition after being damaged by storm or other accidental act as shown in accordance with the original sign permit shall not constitute such a change as to classify the sign as a new one, subject to the provisions of Section 405.890(4) "Destruction".
F. 
Permit Number Displayed. Any billboard sign hereafter erected following passage of this Article shall display the sign permit number on the base of the sign in the lower right-hand corner in no less than one (1) inch letters and numerals. In the case of pole-mounted signs, the number shall be incorporated into the base of the sign structure.
G. 
Structural Requirements. All signs shall comply with the pertinent requirements of the City of New Melle's Building Code.
H. 
Safety. Any existing sign which is or becomes an immediate danger or hazard to persons or property because of being in an unsafe condition or which obstructs any fire escape, window or door is subject to immediate removal by the City Engineer without notice and at the expense of the property and/or sign owner.
I. 
Maintenance. All signs and sign supports shall be maintained in good repair so as to prevent rust, peeling, flaking or fading. Broken panels, missing letters, flaking or peeling paint and other visual damage to a sign shall be repaired within forty-five (45) days of the occurrence or within thirty (30) days' notification by the City Engineer.
J. 
Abandoned Signs. Any sign or sign structure which advertises a business no longer conducted or service no longer rendered or a product no longer sold on the premises or lot shall be classified an abandoned sign and shall be removed by the owner, agent or person having beneficial use of the premises or lot upon which the sign is located within ten (10) days following written notice by the City Engineer concerning its removal.
K. 
Illumination. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. All illuminated signs shall require a electrical permit from the City of New Melle.
L. 
State Right-Of-Way Requirements. All signs erected within the jurisdiction of State right-of-way requirements shall meet State, County and City requirements.
M. 
Violations. If it is found that a sign is in violation of this Article, the City Engineer or his/her designee shall give notice to the owner of the sign or, if the owner cannot be located, to the owner or property management agent of the premises on which the sign is located or, if the sign erection is not complete, to the sign erector, either personally, by United States mail or by posting such a notice on the premises, such notice stating:
1. 
The violations found; and
2. 
The violations must be brought into compliance with requirements of this and all other City ordinances within ten (10) days from the date of such notice. For temporary signs the date of such notice shall constitute the first (1st) day of the thirty (30) day time period allowed by such signs; and
3. 
The requirements which must be met; and
4. 
Any person found to be in violation of any provision of this Article shall be subject to a fine of one hundred dollars ($100.00) or up to ninety (90) days imprisonment, or to both such fine and imprisonment, with each day of such violation constituting a separate offense without further notice being required.
N. 
Compliance With Sign Permits. Sign permits issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in the approved plans and applications and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this Article as provided herein.
O. 
Fees. For those signs for which a permit is required to be obtained, the permit fee shall be a one- time charge of ten dollars ($10.00) plus a fee of two dollars ($2.00) per square feet of sign area.
P. 
Not-For-Profit Organizations. To assure right-of-way requirements are met, the City of New Melle will require all not-for-profit organizations to secure sign permits. However, a fee will not be charged by the City of New Melle for these permits.
[Ord. No. 224 §§1 — 2(32.11), 10-19-2005]
A. 
The following types of signs are exempt from the permit requirements of this Article:
1. 
Property real estate signs not exceeding six (6) square feet in area, which advertise the sale, rental or lease of the premises, upon which said signs are located only.
2. 
Memorial signs or tablets, names of buildings and date or erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
3. 
Traffic or other municipal signs, legal notices, railroad crossing signs, danger and such temporary, emergency or non-advertising signs as may be approved by the Board of Aldermen.
4. 
Political signs.
5. 
Professional name plates not exceeding two (2) square feet in area.
6. 
Occupational signs not over two (2) square feet in area (on buildings).
7. 
Signs erected inside a building and not visible through windows.
8. 
Window signs.
9. 
Official government flags.
[Ord. No. 224 §§1 — 2(32.12), 10-19-2005]
A. 
Any aggrieved person, firm, corporation or any governmental officer, department, board or bureau may appeal a decision of the City Engineer before the Board of Adjustment.
B. 
Grounds For Granting A Variance. The Board of Adjustment grant variances from this Article for any permitted form of signage where it is found that because of the limitations on character, size or dimensions of a sign or the regulations controlling the erection or installation of a sign, the applicant would be subject to undue hardship. Undue hardship is not considered the loss of possible advantage, economic loss or gain or mere inconvenience to the applicant.
[Ord. No. 224 §§1 — 2(32.13), 10-19-2005]
If any Article, Section, sentence, clause, phrase or portion of this Article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Article.